NIRMAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) A proceeding against the petitioner under Section 122b of U. P. Zamindari Abolition and Land Reforms Act was initiated though the petitioner has denied his possession but in spite of the aforesaid fact a fine has been imposed upon the petitioner. The petitioner has filed the present writ petition stating therein that he has specifically denied regarding possession of the land unauthorizedly. As such imposing a fine upon the petitioner is not justified. In view of the aforesaid fact the writ petition filed before this court is not maintainable in view of Division Bench judgment of this Court passed in Second Appeal No. 496 of 1988 connected with various other second appeals, Rajendra Singh vs. State of U. P. and others reported in 2008 (4) A. D. J. 37 (DB) and the writ petition is dismissed. The petitioner has a remedy by way of filing a suit before the competent court of law. If the petitioner files a suit within a period of six weeks from today and files an application for stay of realization of fine, the court below is directed to consider the application on merit and pass appropriate orders. Till the disposal of the application, realization of fine against the petitioner shall remain stayed. No order is passed as to costs. .